On a report of a committee, consisting of Mr. [Edmund]
Randolph, Mr. [James] Duane, Mr. [John] Witherspoon,
appointed to prepare a recommendation to the states to
enact laws for punishing infractions of the laws of nations:

The committee, to whom was referred the motion
for a recommendation to the several legislatures
to enact punishments against violators of
the law of nations, report:

That the scheme of criminal justice in the several
states does not sufficiently comprehend offenses
against the law of nations:

That a prince, to whom it may be hereafter
necessary to disavow any transgression of that law
by a citizen of the United States, will receive such
disavowal with reluctance and suspicion, if regular
and adequate punishment shall not have been
provided against the transgressor:

That as instances may occur, in which, for the
avoidance of war, it may be expedient to repair
out of the public treasury injuries committed by
individuals, and the property of the innocent be
exposed to reprisal, the author of those injuries
should compensate the damage out of his private
fortune.

Resolved, That it be recommended to the legislatures of
the several states to provide expeditious, exemplary and
adequate punishment:

First. For the violation of safe conducts or passports, expressly
granted under the authority of Congress to the
subjects of a foreign power in time of war:

Secondly. For the commission of acts of hostility against
such as are in amity, league or truce with the United
States, or who are within the same, under a general implied
safe conduct:

Thirdly. For the infractions of the immunities of ambassadors
and other public ministers, authorised and received
as such by the United States in Congress assembled, by
animadverting on violence offered to their persons,
houses, carriages and property, under the limitations allowed
by the usages of nations; and on disturbance given
to the free exercise of their religion: by annulling all writs
and processes, at any time sued forth against an ambassador,
or other public minister, or against their goods and
chattels, or against their domestic servants, whereby his
person may be arrested: and,

Fourthly. For infractions of treaties and conventions to
which the United States are a party.

The preceding being only those offences against the law
of nations which are most obvious, and public faith and
safety requiring that punishment should be co-extensive
with such crimes:

Resolved, That it be farther recommended to the several
states to erect a tribunal in each State, or to vest one already
existing with power to decide on offences against
the law of nations, not contained in the foregoing enumeration,
under convenient restrictions.

Resolved, That it be farther recommended to authorise
suits to be instituted for damages by the party injured, and
for compensation to the United States for damage sustained
by them from an injury done to a foreign power by
a citizen.